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Posts tagged with "law"

End of Literacy and the Triumph of Spectacle...(?)

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Book of interest:

Empire of Illusion
The End of Literacy and the Triumph of Spectacle
Written by Chris Hedges

(from Amazon's page)
..."Pulitzer prize–winner Chris Hedges charts the dramatic and disturbing rise of a post-literate society that craves fantasy, ecstasy and illusion.

Chris Hedges argues that we now live in two societies: One, the minority, functions in a print-based, literate world, that can cope with complexity and can separate illusion from truth. The other, a growing majority, is retreating from a reality-based world into one of false certainty and magic. In this “other society,” serious film and theatre, as well as newspapers and books, are being pushed to the margins."...

[this is not only in the USA but most areas. - tkm]

Watch the Interview on c-span's Book-TV, running time 61min.(broadband needed).

Link:

http://www.booktv.org/Program/10883/After+Words+Chris+Hedges+Empire+of+Illusion+Interviewed+by+Ron+Suskind.aspx

They feel a sense of learned helplessness...

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Dear Readers,
I encourage you to watch or read
the whole show(link is bellow).
Thanks,
tkm

http://www.pbs.org/moyers/journal/10302009/profile3.html


BILL MOYERS JOURNAL - Public Broadcasting Service(TV)USA.

October 30, 2009

Bill Moyers conducts a Web exclusive interview with Glenn Greenwald


GLENN GREENWALD:

..."So, the mere fact that somebody is a constitutional scholar and has knowledge of the Constitution doesn't mean that they are any more inclined to abide by it. In fact, they may understand better how to circumvent it. And I think, you know, the theory of political science for centuries has long when that power corrupts. And so, somebody gets into office as President and sees all these shining jewels of executive power. And either because they're convinced that they're good and won't abuse them, or will put them to good ends, or because they think there's political cost to reducing them — there's an obvious strong incentive to preserve them and expand them rather than to reduce and discard them. And I think you see Obama doing that on many, many fronts."...

..."who we suspect of engaging in terrorism and put them into cages for years or decades without having to charge them with any crime.

That — simply based on executive authority — the ability to point to someone and say, "This is a terrorist," then justifies the elimination of all due process and putting them into prison forever. Obama, several months ago, said that he not only believes in that power, but wanted Congress to enact a statute that would permanently enshrine this theory of law into Presidential power."...

,,,"BILL MOYERS: This brings me back to what we were discussing much earlier. Whether it's constitutional liberties and rights or threats, or whether it's escalating the number of troops in Afghanistan and prolonging the war: Where is the public in all these debates? I mean, some of these issues I would think would drive people to the Bastille, you know? Or to the kind of outpourings in the Vietnam War. Even the Iraq war, there were several hundred thousand people together. But we seem strangely mute today.

GLENN GREENWALD: I agree. I mean, if you look at what happened with the financial crisis, and the way in which Wall Street was — through its own recklessness — the principle cause of what became a virtual worldwide economic collapse and, to this day, continues to result in mass joblessness and misery and suffering on the part of the American people.

And to realize that not only have they been greatly enriched on the way to causing that crisis, but continue to exert principle control over the government and to have laws written designed to benefit only them, while the masses in the United States continue to suffer financially. I mean, that is the sort of thing that has caused great backlash in the past. And, for example, Simon Johnson, who I know you've had on your show several times before--

BILL MOYERS: The economist--

GLENN GREENWALD: And former I.M.F. official, talks about how what has typically happened in more unstable countries, and countries we think about as being the third world and developing countries and under-developed countries, is that the oligarchs and the financial elite will cause the sort of financial crisis through their own corruption and the government will then step in and try and help and aid the very oligarchs who caused it, at the expense of the citizenry. And that will continue until the riots grow too large. That's what he wrote in an article in THE ATLANTIC. And that typically happens. But in the United States, that doesn't seem to be happening.

BILL MOYERS: Why?

GLENN GREENWALD: There is no end to that. And--

BILL MOYERS: You look at our culture, you study our culture, you write about it. What's your theory, at least?

GLENN GREENWALD: I think there's several aspects to it. But I think the principle one is — and interestingly, Barack Obama actually talked about this in his Presidential campaign, quite eloquently and insightfully — that there gets to be a point where citizens look at the government, and they look at both political parties, and they conclude that the system itself is so radically corrupt and the political parties are so fundamentally nonresponsive that no matter what it is that they do, they aren't going to be able to achieve any change. They feel a sense of learned helplessness. And they essentially accept whatever it is that's done to them and simply hope that it's not too bad. And I think that's the population. It's not that they're apathetic. It's that they've come to believe in their own impotence. And I think that's actually sadder and-- and more dangerous."...


*Glenn Greenwald is a former constitutional lawyer and currently a contributing writer at Salon.com, where he maintains the highly popular political and legal blog Unclaimed Territory. He is also the author of three books: the NEW YORK TIMES-bestsellers HOW WOULD A PATRIOT ACT? (2006) and TRAGIC LEGACY (2007), and his 2008 release, GREAT AMERICAN HYPOCRITES.

Leaked ACTA Internet Provisions: Three Strikes and a Global DMCA - Commentary by Gwen Hinze

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http://www.eff.org/deeplinks/2009/11/leaked-acta-internet-provisions-three-strikes-and-



Electronic Frontier Foundation (EFF)

Leaked ACTA Internet Provisions: Three Strikes and a Global DMCA - Commentary by Gwen Hinze

Negotiations on the highly controversial Anti-Counterfeiting Trade Agreement start in a few hours in Seoul, South Korea. This week's closed negotiations will focus on "enforcement in the digital environment." Negotiators will be discussing the Internet provisions drafted by the US government. No text has been officially released but as Professor Michael Geist and IDG are reporting, leaks have surfaced. The leaks confirm everything that we feared about the secret ACTA negotiations. The Internet provisions have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet, including obligations on ISPs to adopt Three Strikes Internet disconnection policies, and a global expansion of DMCA-style TPM laws.

As expected, the Internet provisions will go beyond existing international treaty obligations and follow the language of Article 18.10.30 of the recent U.S. – South Korea Free Trade Agreement. We see three points of concern.

First, according to the leaks, ACTA member countries will be required to provide for third-party (Internet Intermediary) liability. This is not required by any of the major international IP treaties – not by the 1994 Trade Related Aspects of IP agreement, nor the WIPO Copyright and WIPO Performances and Phonograms Treaty. However, US copyright owners have long sought this. (For instance, see page 19 of the Industry Functional Advisory Committee report on the 2003 US- Singapore Free Trade Agreement noting the need for introducing a system of ISP liability). (Previously available at http://www.ustr.gov/new/fta/Singapore/advisor_reports.htm.)

Second and more importantly, ACTA will include some limitations on Internet Intermediary liability. Many ACTA negotiating countries already have these regimes in place: the US, EU, Australia, Japan, South Korea. To get the benefit of the ACTA safe harbors, Internet intermediaries will need to follow notice and takedown regimes, and put in place policies to deter unauthorized storage and transmission of allegedly copyright infringing content.

However, contrary to current US law and practice, the US text apparently conditions the safe harbors on Internet intermediaries adopting a Graduated Response or Three Strikes policy. IDG reports that:

"The U.S. wants ACTA to force ISPs to "put in place policies to deter unauthorized storage and transmission of IP infringing content (for example clauses in customers' contracts allowing a graduated response)," according to the [leaked European] Commission memo."

Let's reflect on what this means: First, the US government appears to be pushing for Three Strikes to be part of the new global IP enforcement regime which ACTA is intended to create – despite the fact that it has been categorically rejected by the European Parliament and by national policymakers in several ACTA negotiating countries, and has never been proposed by US legislators.

Second, US negotiators are seeking policies that will harm the US technology industry and citizens across the globe. Three Strikes/ Graduated Response is the top priority of the entertainment industry. The content industry has sought this since the European office of the Motion Picture Association began touting Three Strikes as ISP "best practice" in 2005. Indeed, the MPAA and the RIAA expressly asked for ACTA to include obligations on ISPs to adopt Three Strikes policies in their 2008 submissions to the USTR. The USTR apparently listened and agreed, disregarding the concerns raised by both the US's major technology and telecom companies and industry associations (who dwarf the US entertainment industry), and public interest groups and libraries.

How does this fit with the oft-repeated statement of the USTR that ACTA will not change US law, which justified the decision to negotiate ACTA as an Executive Agreement outside of regular US Congressional oversight measures? That remains to be seen.

The safe harbors in the US Copyright law require ISPs to adopt and reasonably implement a policy for termination of "repeat infringers" "in appropriate circumstances". US law currently gives ISPs considerable flexibility to determine what are "appropriate circumstances" justifying the termination of a customer's Internet account. If the leak reports are correct, this would no longer be true. Instead, ISPs would be required to automatically terminate a customer upon a rightsholders' repeat allegation of copyright infringement at a particular IP address. Could the USTR be relying on the somewhat specious distinction between a Three Strikes law, and its implementation by a policy adopted by ISPs as part of a gun-to-the-head self regulation regime?

According to IDG, the leaked European Commission memo also states that the US Internet chapter is "sensitive due to the different points of view regarding the internet chapter both within the Administration, with Congress and among stakeholders (content providers on one side, supporters of internet freedom on the other)."

That's hardly surprising, given that the ACTA text appears to leave the door open for major changes to the existing national Internet intermediary liability regimes that have been the global status quo since the mid 1990s, and which have underpinned both tremendous Internet innovation, and citizens' online freedom of expression and the rich world of user generated content that we take for granted today.

European citizens should also be concerned and indignant. As reported, the ACTA Internet provisions would also appear to be inconsistent with the EU eCommerce Directive and existing national law, as Joe McNamee, the European Affairs Coordinator of EDRi notes:

"The Commission appears to be opening up ISPs to third party liability, even though the European Parliament has expressly said this mustn't happen," McNamee said, adding that ACTA looks likely to erode European citizens' civil liberties."

Last, but by no means least. ACTA signatories will be required to adopt both civil and criminal legal sanctions for copyright owners' technological protection measures, in line with the US-Korea (and previous) FTA obligations. They will also be required to include a ban on the act of circumvention of technological protection measures, and a ban on the manufacture, import and distribution of circumvention tools. This will reduce the flexibility otherwise available to countries drafting these sort of laws under the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. The majority of WIPO's Member States rejected the circumvention device ban sought by the US delegation in the draft Basic Proposal for the 1996 WIPO Copyright Treaty. Because ACTA is intended to create new global international IP enforcement standards, including these provisions will allow US negotiators to achieve what they have not been able to do to date – ensuring that the US's overbroad implementation of the WIPO Internet Treaty TPM obligations becomes the global standard.

This should give all citizens - and the ACTA countries negotiating in their names - pause for thought.

Also great coverage of what this means for other countries: Cory Doctorow at Boing Boing; Michael Geist (Canada); Kim Weatherall at LawFont here and here and Electronic Frontiers Australia (Australia); and InternetNZ (New Zealand).

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We the consumers of music, movies, art and literate have paid
very heavily over the past decades with re-purchaseing every time a new format comes out, vinyl , tape, disk and now digital of the same works(this amounts to thousands of dolors over fortyfive years...). we can do well just going to our own collections.

The internet users of the developing and third world nations
DO NOT HAVE A CHANCE in going against these powers.

Solutions: We make our own music, entertainment, art and find our own user-friendly economic models.

Stop buying.

If the ISPs adopt these laws, users should engage in lawful, nonviolent civil disobedience. Packet sniffing* is a violation of privacy.

The younger generation understand much better then us, they are producing and consuming to there own groups. People used to do this until sixty years ago.
tkm

*Packet sniffing

http://netsecurity.about.com/cs/hackertools/a/aa121403.htm

Introduction to Packet Sniffing

From Tony Bradley, CISSP-ISSAP, for About.com

..."Its a cruel irony in information security that many of the features that make using computers easier or more efficient and the tools used to protect and secure the network can also be used to exploit and compromise the same computers and networks. This is the case with packet sniffing.

A packet sniffer, sometimes referred to as a network monitor or network analyzer, can be used legitimately by a network or system administrator to monitor and troubleshoot network traffic. Using the information captured by the packet sniffer an administrator can identify erroneous packets and use the data to pinpoint bottlenecks and help maintain efficient network data transmission.

In its simple form a packet sniffer simply captures all of the packets of data that pass through a given network interface. Typically, the packet sniffer would only capture packets that were intended for the machine in question. However, if placed into promiscuous mode, the packet sniffer is also capable of capturing ALL packets traversing the network regardless of destination.

By placing a packet sniffer on a network in promiscuous mode, a malicious intruder can capture and analyze all of the network traffic. Within a given network, username and password information is generally transmitted in clear text which means that the information would be viewable by analyzing the packets being transmitted.

A packet sniffer can only capture packet information within a given subnet. So, its not possible for a malicious attacker to place a packet sniffer on their home ISP network and capture network traffic from inside your corporate network (although there are ways that exist to more or less "hijack" services running on your internal network to effectively perform packet sniffing from a remote location). In order to do so, the packet sniffer needs to be running on a computer that is inside the corporate network as well. However, if one machine on the internal network becomes compromised through a Trojan or other security breach, the intruder could run a packet sniffer from that machine and use the captured username and password information to compromise other machines on the network."...

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http://www.un.org/en/documents/udhr/

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

Universal Declaration of Human Rights

PREAMBLE:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.


Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.


Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.


Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

----------------------------------------------------------------------
http://www.europarl.europa.eu/charter/default_en.htm

Charter of Fundamental Rights of the European Union

CHAPTER II

Article 6
Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.

Article 8
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to
data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.

Article 11
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless
of frontiers.
2. The freedom and pluralism of the media shall be respected.

Article 13
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be respected

CHAPTER VI

Article 47
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Article 48
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Article 49
Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.

İnternet Manifestosu - Internet Manifesto

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http://www.cumhuriyet.com.tr/?im=yhs&hn=84800



Cumhuriyet
30 Eylül 2009
Mehmet Sucu
İnternet Manifestosu
1. İnternet farklıdır. İnternet farklı kamu küreleri, farklı terimler ve farklı kültürel beceriler yaratır. Medya günümüz teknolojik gerçeklerini görmezden gelmekten ve onunla boğuşmaktan vazgeçip, çalışma yöntemlerini bu gerçeklere uyarlamalıdır. Onların görevi mevcut teknolojiye dayanarak gazeteciliğin en iyi biçimini geliştirmektir. Bu yeni gazetecilik ürünleri ve yöntemlerini içerir.

2. İnternet bir cep boyutu medya imparatorluğudur. Web mevcut medya yapılarını, eski sınırları ve oligopollleri aşarak yeniden düzenliyor. Yayın ve medya içeriğinin yayılması artık yüklü yatırımlar gerektirmiyor. Gazetecilik öz-kavramı, neyse ki, onu enformasyonun akışını düzenleme ve filtreleme görevinden kurtarıyor. Geriye gazeteciliği sıradan yayından ayıran gazetecilik kalitesi kalmaktadır.

3. İnternet toplumdur; toplum internettir. Sosyal ağlar, Vikipedi veya YouTube gibi web-tabanlı platformlar Batı dünyasında insanların çoğu için günlük yaşamın bir parçası haline gelmiştir. Onlara telefon veya televizyon gibi erişilebilir. Eğer medya şirketleri var olmaya devam etmek istiyorsa, bugünkullanıcılarının dünyasını anlamalı ve iletişim formlarını kucaklamalıdır. Bu kucaklama sosyal iletişimin temel formları dinleme ve yanıtlamayı, yani diyaloğu da içerir.

4. İnternet özgürlüğü dokunulmazdır. İnternet açık mimarisi sayısal iletişen bir toplumun ve dolayısıyla gazeteciliğin temel bilişim yasasını oluşturmaktadır. Bu, özel, ticari veya siyasi çıkarların, çoğu kamu yararı iddiası arkasında gizlenerek korunması uğruna değiştirilemez. Nasıl yapıldığından bağımsız olarak, internete erişimin engellenmesi serbest bilgi akışını tehlikeye atmakta ve bilgi erişim temel hakkını bozmaktadır.

5. İnternet bilginin zaferidir. Yetersiz teknolojisi nedeniyle medya kuruluşları, araştırma merkezleri, kamu kuruluşları vediğer kuruluşlar bugüne kadar dünyadaki bilgileri derlemiş ve sınıflandırmıştır. Bugün her vatandaş kendi kişisel haber filtrelerini oluşturabilir, arama motorları ile daha önce hiç bilinmeyen boyutta bir bilgi hazinesine ulaşabilir. Bireyler artık her zamankinden daha iyi şekilde bilgilenebilir.

6. İnternet gazeteciliği geliştirir. İnternet üzerinden gazetecilik yeni bir şekilde kendi toplumsal-eğitimsel rolünü gerçekleştirebilir. Bu, bilginin sürekli değişen, devamlı süreç olarak sunulmasını içerir; basılı medyanın değişmezliğinin kaybı bir artıdır. Bilginin bu yeni dünyasında hayatta kalmak isteyenlerin, yeni bir idealizm, yeni gazetecilik fikirleri ve bu yeni potansiyeli kullanmaktan zevk alması gerekir.

7. Net, ağ gerektirir. İnternet linkleri bağlantılardır. Birbirimizi bu bağlantılar ile biliyoruz. İnternet bağlantılarını kullanmayanlar kendilerini sosyal söylemin dışında tutmaktalar. Bu, geleneksel medya şirketlerinin web siteleri için de geçerlidir.

8. Linkler ödüllendirir, alıntılar süsler. Arama motorları ve birleştiriciler (portallar) kaliteli gazeteciliği kolaylaştırır: Onlar uzun vadede olağanüstü içeriğin bulunabilirliğini arttırır ve böylece yeni ve kamusal bilgi dünyasının ayrılmaz bir parçasıdır. İnternet bağlantıları ve alıntılar yoluyla referanslar, özellikle yaratıcısından herhangi bir izin veya ücret gerektirmeyenler, ilk etapta ağ üzerindeki sosyal söylem kültürünü mümkün kılar. Bunların hepsi şüphesiz korumaya değerdir.

9. İnternet, siyasi söylem için yeni bir mekândır. Demokrasi, katılım ve bilgiye erişim özgürlüğü ile büyür. Siyasi tartışmanın geleneksel medyadan internete aktarılması ve halkın etkin katılımı ile bu tartışmayı genişletmek gazetecilik görevlerinden biridir. Bugün basın özgürlüğü, düşünce özgürlüğü anlamına gelir.

10. Alman Anayasası’nın 5. maddesi meslekler veya geleneksel iş modelleri için koruyucu haklar ihtiva etmez. İnternet, amatör ve profesyonel arasındaki teknolojik sınırları geçersiz kılar. Bu nedenle basın özgürlüğü ayrıcalığı gazetecilik görevlerinin yerine getirilmesine katkıda bulunabilecek herkes için geçerli olmalıdır. Nitelik açısından, ücretli ve ücretsiz gazetecilik arasında bir ayrım yapılmamalı, ama iyi ve kötü gazetecilik arasında yapılmalıdır.

11. Çok fazla bilgi diye bir şey yoktur. Bir zamanlar, kilise gibi kurumlar kişisel farkındalık yerine güce öncelik verdi ve tipo matbaa makinesi bulunduğunda, denetimsiz bilgi akışına karşı uyardı. Diğer taraftan, broşürcüler, ansiklopediciler ve gazeteciler daha fazla bilginin daha fazla özgürlüğe yol açtığını, hem birey hem de bütün olarak toplum için gösterdi. Bu önerme bugün için de geçerli.

12. Gelenek, bir iş modeli değildir. Gazetecilik içeriği ile internet üzerinden para kazanılabilir. Zaten, bunun birçok örneği bugün var. Ancak, şiddetli rekabet nedeniyle, iş modelleri internetinyapısına uyarlanmalıdır. Kimse bu hayati uyarlama sürecinden statükoyu korumaya yönelik politikalarla kaçınmaya çalışmasın. Gazetecilik açık rekabetle net üzerinden iyi finansal çözümler bulmalı ve cesaretle bu çözümlerin çok boyutlu uygulamalarına yatırım yapmalıdır.

13. Copyright, internet üzerinden bir sivil görev haline gelir. Copyright internette enformasyonun düzenlenmesinde merkezi bir köşetaşıdır. Yaratıcıların kendi içeriklerinin dağıtımının türü ve kapsamı üzerinde karar hakkı internet üzerinde de geçerlidir. Aynı zamanda, telif hakkı eski tedarik mekanizmaları korumak ve yeni dağıtım modelleri ya da lisans yapılarını sokmamak için kullanılamaz. Mülkiyet yükümlülükleri kapsamaktadır.

14. İnternette çok para vardır. Gazetecilik çevrimiçi hizmetleri reklam yoluyla finanse eder. Bir okuyucu, izleyici ya da dinleyicinin zamanı değerlidir. Gazetecilik sektöründe, bu ilişki her zaman finansmanın temel bir ilkesi olmuştur. Gazetecilik açısından geçerli yeni finans modelleri bulunmalı ve test edilmelidir.

15. İnternette olan internette kalır. İnternet, gazeteciliği yeni bir niteliksel düzeye kaldırıyor. Online metin, ses ve görüntüler artık geçici olmak zorunda değil. Onlara yeniden erişilebilir, böylece çağdaş tarihin bir arşiv binası oluşabilir. Gazetecilik, bilginin gelişmesini, yorumlanmasını ve hataları göz önüne almalı, yani, oluşan kendi hatalarını kabul etmeli ve şeffaf bir şekilde onları düzeltmeli.

16. Kalite en önemli nitelik olmaya devam ediyor.İnternet ortaya düzgün ürünler de çıkarır. Sadece güvenilir, seçkinve olağanüstü olanlar uzun vadede sürekli izlenecektir. Kullanıcıların talepleri artmıştır. Gazetecilik bunları yerine getirmeli ve sık sık güncellediği ilkelerine bağlı kalmalıdır.

17. Herkes için Web, 20. yüzyıl kitle iletişim araçlarından üstün bir toplumsal değişim altyapısı oluşturur. Şüphe halinde,“Vikipedya kuşağı”, kaynağın güvenirliğini belirlemek, haberi geriye gidip orijinal kaynağında izleme, araştırma, denetleme ve değerlendirmek yeteneğine tek başına veya bir grup olarak sahiptir. Bunu küçük gören ve bu becerilere saygı göstermeye istekli olmayan gazeteciler internet kullanıcıları tarafından ciddiye alınmaz. Çok haklılar. İnternet eskiden alıcı olarak bilinenlerle, okuyucu, dinleyici ve izleyiciler, doğrudan iletişim ve onların bilgilerinden yararlanmayı sağlar. “Her şeyi bilen” gazeteciye değil ama iletişim kuran ve araştıran gazeteciye talep var.

[ to read the English version of the Internet Manifesto please uce the link bellow. thank you - tkm]

http://www.internet-manifesto.org/

I would like to add one more item:

The INTERNET is like any other utility, as such, laws to cut-off this service should be held in local law court with due process.

- tkm



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http://haber.gazetevatan.com/haberdetay.asp?detay=Itiraz_basladi&tarih=30.09.2009&Newsid=262016&Categoryid=43

VATAN GAZETESİ

Son dört ayda 2600, toplamda ise 6000 internet sitesine erişimi engellenmiş olan milletimiz nihayet bu uygulamaya itiraz etti.

Büyük bir bölümü sadece tedbir kararıyla, yani mahkemeye bile çıkmamışken uygulanan engellemelerin durdurulması için Doç. Dr. Yaman Akdeniz'den gelen bu itiraz, Beyoğlu Cumhuriyet Başsavcılığı'na ulaştı.

Pets...

, , , ...







GSM...

, , , ...

Dear Readers,
Every week I listen to a net cast called "Security Now!"
by Steve Gibson & Leo Laporte. this past week was about
GSM being hacked. I excerpted the text and i have added all info and links to the show bellow.
For Turks this is not new and tapes of privite conversations are all over the place. I will not comment any further and let you, the reader, make-up your minds on the issue.
tkm
---------------------------------------------------------
GIBSON RESEARCH CORPORATIONhttp://www.GRC.com/

SERIES:Security Now!
EPISODE:#213
DATE:September 10, 2009
TITLE:Cracking GSM Cellphones
SPEAKERS:Steve Gibson & Leo Laporte
SOURCE FILE:http://media.GRC.com/sn/SN-213.mp3
FILE ARCHIVE:http://www.GRC.com/securitynow.htm


LEO: We're going to cover - today we're going to cover something you promised last week, which was cracking GSM?

STEVE: And we've had people send feedback, wondering about this. And we've even read Q&As where people are saying, hey, you know, if I use a cellular modem...

LEO: How safe is it? How safe is it?

STEVE: ...just by itself, how safe is it? And I've known that fundamentally it wasn't safe because I've sort of felt, I mean, I sort of moved through this domain. And I remember seeing somewhere that the encryption was based on three shift registers, which immediately says oh, goodness. And now I know exactly how bad it is, and we're going to talk about it today. Basically I'm glad I'm over on Verizon with - and not using GSM. It's completely cracked. It's completely broken.

LEO: So any bad buy could listen in on your conversations.

STEVE: And not for much money. It turns out - oh, I meant to tell you before we started recording, but you can do it now: www.ettus.com is the group that offer a beautiful, I mean, just spectacular technology, cute little software programmable radio receiving set.

LEO: Oh, neat.

STEVE: It's based on the GNU Radio project that John Gilmore has funded for about a third of a million dollars. And basically after a day of sitting here doing the research, if I had any inclination, everything that I need to listen in on someone's cellphone conversation, all the software, it's all open source, it's beautifully designed, you can program it from Python or C, everything is there to do it. And you need about a thousand dollars for the radio receiver equipment, and then any PC. It's just - it's done.

LEO: Oh, man. You know, I remember talking...

STEVE: And it's not like...

LEO: Go ahead.

STEVE: ...hundreds of thousands of dollars or corporate or government level. That's just not the case.

LEO: I remember talking to Woz some time ago. He used to like to sit and listen to, what was it, he had a little receiver, he would listen to cellphone conversations, I think, or maybe - oh, no, it was long distance calls coming over satellites, unencrypted over satellites. And he would just tune in and listen to the calls. Sounds like this is almost as easy.

STEVE: Well, and back in the day, before we went digital, when we had analog cellphones, I did run across a little scanner, and you could turn it on, and you would only hear one side of the conversation because they were on, the transmitter and receiver, on different frequencies. But it was really embarrassing what you heard. It was like, oh, goodness, I hope this guy's wife isn't listening to this.

LEO: Yeah, exactly.

STEVE: I mean, it was really - it was just out there in the open. And in fact I refuse to have important conversations with my attorneys over the cellphone because I knew firsthand that it just wasn't secure. And we'll talk about the various, well, in detail about the technology, why this is so badly broken now and what it means in terms of practical attack scenarios.

LEO: Yay, that's really great news. All right, we're going to talk about, in just a second, we're going to talk about getting - cracking GSM.

STEVE: Switching back to land lines.

LEO: Yeah. That might be the subtext, the subtitle: Why you don't want to use a cellphone for anything important. So this is - this applies to current GSM phones; right? This is not...

STEVE: Yeah. GSM, well, it applies to the world.

LEO: Every, yeah, because everybody uses it.

STEVE: The acronym is Global System for Mobile. That's GSM, Global System for Mobile communications, GSM.

LEO: Okay.

STEVE: It currently has three billion users worldwide. GSM has 80 percent of the cellphone market spread through 200 countries. There's a GSM alliance that are the group that sort of hold the spec and manage the spec. Everything about this is worrisome. I mean, from day one, the fact that they were keeping this algorithm, their cipher, a secret, rather than allowing it to be exposed publicly, tells you, I mean, it was like the first thing to worry about. We've talked often about the dangers of relying on security through obscurity. It's not that some obscurity can't also be useful. But relying on the obscurity is something you never want because nothing remains obscure forever.

Especially, and we've also talked about this, when every single cellphone user has a handset which is able to decrypt GSM. I mean, by definition. It's just like DVD players running in your living room that are decrypting Blu-Ray. Well, that didn't last very long, Blu-Ray encryption. Similarly, everyone with a cellphone is holding the technology to do the decryption because it has to in order for them to have the conversation. So it wasn't long before the so-called cipher algorithm in GSM was reverse engineered.

And we've also talked, for example, about the problems that WEP, the Wired Equivalent Privacy, the original oldest version of the WiFi cipher had. The problem was that it was designed at a time when we didn't have today's level of RAM, CPU power, power-saving technology. So the designers deliberately came up with an algorithm-sparse approach. And unfortunately, GSM was designed back with that same philosophy in that same era. Because it's an old spec. It's back from the '80s.

The idea is, again, very much like WiFi, or like WEP's WiFi, it is a pseudorandom bitstream cipher, meaning that it's not a block cipher. And we've talked about various types of crypto many times in the past. It's not a block cipher where you take a block of bits, and a sophisticated algorithm turns it into another block of bits where there's no way on examining it to see what the transform is between those. Instead, this is an XORing approach where you have a generator of pseudorandom data where, bit by bit, you XOR, you exclusive OR the output of this generator with the data you want to encrypt.

And when you, as we've also said before, when you do that, when you exclusive OR, essentially you are pseudorandomly flipping the bits of the so-called plaintext to create the ciphertext. Then the person at the other end is able to generate exactly the same pseudorandom bitstream, so they flip the bits. And exactly the same bits that you flipped, they flip back; which, again, takes that ciphertext and returns it to plaintext, that is, decrypts it. So it's conceptually simple. And if you have a source of really good pseudorandom bits, that is, if the pseudorandom data generator is high quality, there's really nothing wrong with it except that there are problems with so-called known plaintext attacks. And we've talked about this actually just recently when we were talking about the attacks on WiFi, the sort of the slowly encroaching attacks. Remember two weeks ago we talked about the TKIP - I guess it was last week.

LEO: Yeah.

STEVE: The TKIP attacks where they rely on the fact that the attacker knows some of the bytes in the packet. Well, if you know what the bytes in the packet are, and you know what the ciphertext is, since the relationship is just an exclusive OR, you can exclusive OR what you know and what you see as ciphered and get the key stream out of that. So this whole XORing is just not a very secure way, fundamentally not a secure way to do things. But it's incredibly inexpensive. It takes a few transistors, literally, to perform an exclusive OR operation. So it's because it's so economical in terms of hardware implementation - and even, if you did it in software, the same thing - that it tends to get used by older technologies.

So where do we get - well, first of all, I want to say that what happened in the news recently that we talked about a couple weeks ago that caused me to say, okay, I'm finally going to talk about GSM, was there was this news that some - that within a couple months there was going to be publicly available, open source technology to allow anyone to decrypt cellphone conversations. Well, that may well happen. But what's annoying to this hacker group is that these problems have been known for a decade and have been pooh-poohed. And in fact this GSM Alliance is still pooh-poohing these issues. In response to this recent news story, they said among other things that this would require the construction of a large lookup table of approximately two terabytes. This is equivalent to the amount of data contained in a 20-kilometer-high pile of books, they said.

LEO: Oh, yeah. And of course we'll be using books to store those tables.

STEVE: And monks to transcribe the data.

LEO: What the hell? That's just FUD. Or what's the opposite of FUD?

STEVE: Well, exactly. And I'm thinking, two terabytes. Then I think about your Cottage up there.

LEO: I'm just looking at one hard drive, it's two terabytes.

STEVE: Exactly.

LEO: C'mon.

STEVE: And then they said that - they said, "However, before a practical attack could be attempted, the GSM call has to be identified and recorded from the radio interface. So far, this aspect of the methodology has not been explained in any detail, and we strongly suspect the team developing the intercept approach has underestimated its practical complexity." So when I saw that, I said, okay, let's - and I wanted for our own listeners to sort of bring this home, to make this real. It's like, okay, how do you get this stuff out of the air? Because of course before we can start deciphering anything, we have to have something to decipher. And we've all got cellphones, but they don't have digital interfaces that send their bitstreams out.

Well, it turns out all of that work has been done for us, Leo. There's an incredibly cool technology called a USRP - I love it that you would tend to say "usurp" - the USRP, the Universal Software Radio Peripheral. It's produced by a company called Ettus. That's the guy's last name. So www.ettus.com will take you to his site. It's open hardware in the same spirit as open software, meaning that he's just producing it, not making a ton of money, but doing all of the hardware engineering work for people who don't want to do it themselves. But somebody who wanted to save some money and had the ability could certainly do that, as well.

It's a hardware platform, literally, about a seven-inch by seven-inch square circuit board. The first iteration, the USRP 1, or just USRP, had a USB 2 interface. You can then get daughter boards that span various ranges of radio frequencies. And this thing runs all the way from zero, that is, from DC essentially, to 5.9 GHz. So that's everything you could want. You can use it to experiment with GPS signals that are at a couple gigahertz, with AM through WiFi and beyond. This is a general purpose radio transceiving peripheral. The second version has a gigabit Ethernet interface rather than USB 2.0 because they wanted to be able to operate at larger bandwidths and so have a greater data flow in and out of this board.

The first one costs $700. The second one is $1,400. So we're no longer talking hundreds of thousands of dollars and arcane hardware and stuff that only large corporations and governments can afford. You can go on their site. You can click the button, "Buy This." Then they have daughter boards which configure it for different ranges of frequencies, and there's documentation about which one you want for GSM. So you get one of those. And then you get an antenna with a cord, and you plug it into your laptop. So...

LEO: Is this legal?

STEVE: Everything is legal, even decrypting your own conversations, just not somebody else's.

LEO: So buying the equipment and recording the calls is completely legal.

STEVE: Buying it, yeah, buying it, the knowledge, the ciphers, every stage of this is legal unless you decrypt somebody else's conversation. And of course you wouldn't want to do that by mistake. So this notion that this is difficult to do just no longer holds any water.

There's also a fantastic project called the GNU Radio project. John Gilmore has invested about a third of a million dollars in funding this. It is a general purpose software radio project developing all of the modules that go behind this piece of hardware. It's, of course, open source also. Lots of people contributing and doing all kinds of cool stuff. So, for example, I mean, you literally could build your own GPS system.

There's a company called Path Intelligence which uses this board, the software from the GNU Radio project, to track people in shopping malls, to aggregate data about the foot traffic patterns. They have a couple of these radios stationed around the mall. And by using literally the timing information from all the cellphones that everybody in the mall is walking around with, they're able to track individual people. And they, of course, don't care who these people are. But cellphones are generating their little handshake with the cell towers constantly. So that allows them, for example, to see how many, like how much traffic the various restrooms get, who stands in front of what window for how long, how many people go up the stairs versus go up the elevator or the escalator. And so they're able to basically track individual people using this technology.

So again, we're now at the hobby level. We're at the level where the hobbyist with a couple thousand dollars can - needs to know nothing about radio and even hardware. And even all of the preprocessing steps for demultiplexing the data and analyzing it and performing spectrum analysis and finding the channels and everything, all of that's been done. There's even some people have taken - they're not at the GPL licensing, but they are - so they're proprietary licenses, but free, but they're open source and free for personal use, where turnkey packages to pull all this data together have been produced. There's even one which abstracts this USRP, this Universal Software Radio Peripheral, making it look like a network device so that Wireshark, our favorite packet capture utility, is able to capture GSM packets and decode them and show you all the bits and all the protocols and everything going on in a stream that you capture.

So, I mean, we're way far along in making this possible. In my opinion, this GSM Alliance is - they're saying what they have to say politically; but, if they really believe what they're saying, that they're in serious denial because this is no longer James Bond government-level sci-fi stuff. It would be entirely possible for a company who wanted to do some surveillance of a competitor to equip a van with some of this equipment, spending only tens of thousands of dollars, park it across the street from a competitor, aim their antennas at the competitor's building, and spend a day just streaming in, sucking in all of the cellphone traffic that is being transacted by the employees within the building, and then drive the van off and decrypt those conversations offline afterwards and find out what was being said. I mean, it is no longer difficult to do. It's entirely possible.

So the problem is that, not surprisingly, this is old technology which was built to be safe enough then. One of the other concepts that we've talked about several times in the last few weeks is this - in fact, it started with this notion of how long was a voting machine secure. We talked about the idea that security has a lifetime. And you'll remember that one of the questions we dealt with in the Q&A last week was some guy said, well, if I stored something that was encrypted today, then waited 10 years or 20 years, assuming that that encrypted data was still valuable, what happens if decryption technology and cracking technology get so much better in the intervening decades that I can then decrypt something from history that's valuable that I wasn't able to decrypt at the time that it was current?

LEO: We had that question last week, didn't we.

STEVE: Yup. It's a really good question. And so similarly, here when we talk about this GSM Alliance's pooh-poohing the idea that you would need two terabytes of data, well, back in 1980 that was, you know, terabytes, it's like, wait a minute, how many zeroes is that? Now you're, like, using those things for doorstops, Leo, those drives. So we have seen an increase in the practicality of attacks.

Now, the technology that GSM uses for generating pseudorandom data is unfortunately weak. And they did rely on it being kept secret, which of course is not something you can rely on. All these secrets are going to get out over time. There were assumptions over the years about the exact algorithm which were locked up in the silicon of chips. And at one point someone physically reverse-engineered the algorithm from the chips and figured out exactly what was going on. And it uses a technique that we've never talked about before. It's a so-called Linear Feedback Shift Register, LFSR.

The idea is you have a - first of all, a shift register is a sort of a - you can think of it visually as a long string of bits contained in a hardware register. And when, on the event of a so-called clock pulse, this shift register moves all of the bits, the ones and zeroes, one place to either the right or left, depending upon whether it's shifting right or shifting left. But for the purpose of this, let's imagine that this is shifting to the right. So you have a string of little bit cells. Upon receiving a clock pulse, every one and zero moves one cell to the right.

Well, you need something to fill the gap that was open. That is, if the bit in the first position on the far left moved to the second position, then you need to decide whether now what is the first bit of the shift register is going to be a one or a zero. What they do is they take some few bits stationed in various places in the shift register and exclusive OR those bits. So often, for example, it's the last three, like the far right bits of the shift register, the last three bits. They will be exclusive ORed, meaning that if you, like, if you count up the number of ones in the last three positions, if it's an odd number, then the result is a one. And if it's an even number, or zero, then the result is a zero. And so you feed that back into the front of the shift register.

Well, this is - it's an approach that's been known for a long time. It's - once upon a time, before we had really mature cryptography, it was - people looked at that and said, oh, wow, we're never going to be able to figure out what those bits are doing. The idea being that when you set the shift register up, and then you run it, that is, you clock it and clock it and clock it, there's a complex pattern of bits that ends up getting shifted into the front of the shift register. And after 19 clocks, for example, in the case of a shift register that was 19 bits long, well, then you begin to get bits at the end that scramble up what goes in the beginning. And before long it gets pretty complex.

So what GSM uses is three of these shift registers. One is 19 bits long. The second is 22 bits long. And the third is 23 bits long. So you've got three different shift registers. It's important that the period of the shift register, that is, the length of the shift register are different. And they're different in a complex way. This 19, 22, and 23, they came out of, you know, because 19 and 23 are both prime numbers, so they're going to have a very long period before - if you imagine these sort of rotating around before they come back into their original synchronization. So the problem is that what seemed really complex in 1980 and, like, oh, no one's ever going to figure this out, modern cryptographic analysis just looks at it and says, okay, what are we going to do after lunch? Because this is just not difficult to deal with at all.

The people that are doing the cryptography have come up with a whole bunch of approaches for attacking this. There's all kinds of weaknesses in the way this works. The system, by coincidence, 19 plus 22 plus 23, that is, the sum of the lengths, is exactly 64. So one of the problems is that the entire state of the shift registers at any time has only 64 bits of complexity. Well, we know that that's no longer enough complexity. We're to the point with modern computing technology and modern storage and using, for example, the graphics processing units in graphics cards, 64 bits is worrisome.

It turns out that it is possible to use precomputation attacks against this pseudorandom generator. We've talked about precomputation attacks before, the so-called rainbow tables. A precomputation attack is one where you do a lot of work ahead of time to generate some tables which you're able to then use afterwards to essentially reverse an unreversible function. For example, rainbow tables have been used with hash functions where, as we know, with a hash function you feed a bunch of stuff in, and you end up with a result. Well, for example, if you were to hash a whole bunch of common passwords, you would end up with a rainbow table of the results of the hashing, so you simply - you look for the value you're searching for in the rainbow table, and it tells you what the input was that gave you that value.

Turns out that the same kind of thing can be done with this GSM stream cipher. There's a precomputation attack. And it was published thoroughly, completely, in 2003. A bunch of researchers laid it all out. They said, here's how we cracked GSM. We can either have - I think they had, like, a time-complexity tradeoff. You'd have to listen to two minutes of GSM cellphone traffic, and then you could crack the key that was used to encrypt this. After two minutes you could crack it in one second. Or if you listen to two seconds of GSM cellphone traffic, then you can crack it in two minutes. So if you have more input data, takes less time; less input data, more time. And they use then tables exactly like we were talking about, basically precomputation tables, the so-called two terabytes that the GSM Alliance was pooh-poohing and saying, well, you know, no one's ever going to be able to produce this.

Well, this cracking gang is putting together a project, very much like the SETI@home project, where a bunch of people who've got unused graphics cards, they have code that runs on the NVIDIA chipset graphics, running 32 threads in the graphics card, doing precomputation attacks, putting together essentially these tables, which will then, once they're assembled, be freely available to anyone. They haven't really done any breakthrough work themselves. I congratulate them on taking the theoretical papers and making them practical. But, and they understand this, too. What they'll be putting together is the network and the facility for making this available.

And right now you're able to download this stuff and run it on your machine and join the network and begin cranking out this data. I mean, this is happening today. So it's very clear that even if you didn't go for the distributed hobbyist level approach, that any major corporation that had any need, certainly any government, can now crack GSM. You're able to, due to the availability of this kind of inexpensive hardware, you can just suck in all of the GSM channels that are active in a given area, just stream them onto hard drives, and then crack them at your leisure.

LEO: At your leisure, yeah. Record them now, crack later.

STEVE: Yeah. I mean, it is absolutely the case that we've got - we're using old technology, and storage and processing power has advanced to the point that it no longer provides us protection.

LEO: Well, and in the GSM Alliance's defense, I mean, obviously nobody's going to put them in a book. What they're probably trying to say is it's still a bit of a chore. It's not something that some guy with a scanner down the street can do.

STEVE: It's certainly the case, you're right, it's not like you buy a scanner at Radio Shack, and you turn it on, and you listen to random conversations. So at this point you have to have some motivation to do it. There are other attacks which do not require this kind of table. I don't want to get into the details of it just because it's really complex. But, for example, if you knew somebody who was using a GSM phone, and you wanted to crack them, you're able to pretend to be a cell tower to their phone. If you monitor them, initiating a conversation, the way the GSM handshake functions is that the cell tower comes up with a 128-bit, pseudorandom, one-time token. It gives it to the customer and says, using the preshared key - in the SIM card is a 128-bit preshared key. The cell tower, who knows the customer's account, knows what SIM card they have with the preshared key. So the cell tower gives them a 128-bit token, which is a one-time token, says use your preshared key to encrypt this that I've given you, and give me the result to prove that you're you.

So there's an authentication phase. And unfortunately the same data is used to produce the session key, which is a big mistake. You never want to use the same data for authentication and encryption, which is a mistake that GSM has unfortunately made. And that's a weakness because it allows someone who's listening to that - this random number that comes from the cell tower is in the clear. So if you're listening to that conversation, you can then subsequently appear to be a cell tower.

There is no protection against re-use, which is another big problem. We know about the problems of re-use. So you can pretend to be a cell tower, give the same key to the user, and cause them, since their preshared key is static, you give them the same challenge, essentially, in this challenge handshake. They will generate the same session key, which now you have. And so you're now able to decrypt a conversation that you had previously without any use of two terabytes of tables.

There's, like, all kinds of problems. As I was reading through the research that's been done about attack after attack after attack on the GSM system, you just sit there sort of with your head in your hands thinking, oh, my goodness. If I were the person who designed this, and I was reading where the state of the art is today in cracking this, I'd just be thinking, whoa, I'm embarrassed. But they did the best job they could at the time with the resources that they had.

LEO: Whoa, I'm embarrassed. I'm embarrassed for you, man.

STEVE: I'm embarrassed, oh.

LEO: It's so sad.

STEVE: Oh, don't tell anybody else you were the guys that did this.

LEO: But as you point out, how long ago was this? 20 years ago? I mean...

STEVE: Yeah.

LEO: As you point out, it might have been okay then. The idea of a two-terabyte table then might have been, you know, considered...

STEVE: Oh, it was - oh, my god, back then, Leo, we had paper cards, right, and paper tape and, well, I guess we were beyond that a little bit. But we had, what, 10MB was a big deal. Now we're, you know, you're streaming terabytes of data out of your facility. I've got terabytes. We all have terabytes. It's just that there's been so much change in the technology from then to now that I cut these guys some slack.

The problem is, we're all still using, what is it, three billion people in 200 countries, 80 percent of the cellphone market is GSM, globally. And it's no longer safe. Yes, absolutely. I don't think anybody is going to be spying on their neighbors or caring what random conversations are. But if people depended upon it for real security, that becomes a problem. And we've only talked about voice stuff. But all this applies to SMS. So, for example, there are banks which are now, as we know, using cellphones and SMS tokens for security. And they're not safe.

LEO: I use them all the time.

STEVE: Yeah.

LEO: That's how I log into my bank. I ask them to send me a token.

STEVE: And again, what's the chance that some random person is going to be going after you? I agree it's slim. But targeted attacks, I wouldn't be surprised if, before long, we begin to see reports of GSM cellphone technology succumbing to specific targeted attacks. It could happen.

LEO: Yeah. Well, and you hit the nail on the head when you said this is the kind of thing a government or a business might do, as opposed to Steve Wozniak.

STEVE: Well, hobbyists, motivated hobbyists certainly now have this within their grasp because all the hardware exists. You go to a website; you order the stuff. All the software's open source. The project will be making these rainbow tables available. There's all kinds of more active attacks, not just passive decryption attacks, but active man-in-the-middle sorts of attacks that GSM is also vulnerable to that I didn't even talk about. It's just it's absolutely not something that you could rely on. So at this point I would say to our listener who asked last week about GSM, or about cellphone Internet, I would say, well, this is where you really want to have your own encryption riding on that channel. You want to have your own tunnel, like an SSL connection or a VPN, that will protect you from any kind of snooping. Because otherwise you might as well be using WEP, unencrypted WiFi.

LEO: Right. What is your sense of other technologies that are used right now? CDMA primarily?

STEVE: I remember something similar about CDMA. I haven't looked at it closely for comparison. Like you, I'm curious now to see whether it's the same. But in this research I was just focused on GSM because I wanted to follow up on the news of what these guys had done. And it turns out what they - all they're really doing is they're taking six-year-old research from 2003, and they're saying, okay, the papers are published. Everyone's still ignoring this. Let's make some noise. Let's wake people up to this problem because someone ought to do that. And that's really, I mean, that's the goal of this group is not to foster piracy and hacking, but basically to challenge this GSM Alliance and say, folks, you've got to get your acts together here because this is not secure, and you're in denial.

LEO: You have your heads in the sand.

STEVE: Yup.

LEO: How about data? We're talking about voice communications. Data goes over a different channel; right?

STEVE: Well, data is using the same system. The GPRS is the packet radio technology. And it unfortunately uses all the same cipher and the same keys.

LEO: Oh, wow.

STEVE: One of the things that you're able to do, one of the other attacks is interesting. There is a weaker version of the cipher. There's multiple versions of the stream cipher. The stream cipher is called A5. The authentication algorithm is known as A3. And the key agreement algorithm is A8. Well, this A5 stream cipher can - there are variations. There's A5/0, which says no encryption, just in the clear. There's A5/1, which was the original strong encryption, but it had export restrictions placed on it. So as a consequence, phones also support A5/2, which is a deliberately weakened, exportable encryption.

So get this, Leo, because this also bears on some of the things we've talked about in the past. Even though you may have a phone using the A5/1 strong encryption, it also supports A5/2. Because what if you happened to roam to a carrier that wasn't supporting strong encryption? Well, the phone would downgrade itself to A5/2. Well, it turns out there are active attacks which can be perpetrated where you ping somebody's phone and feign that you're only able to support the /2, the weak encryption, which is much easier to crack than the strong encryption. What we've been talking about is the strongest encryption available. And so you can essentially get the phone to downgrade itself, but A5/1 and /2 use the same keys. So you're able to get the phone to run a weaker cipher, which is much easier to crack, and then you're able to gain access to its key.

LEO: Wow.

STEVE: So, I mean, it's very badly broken. It's absolutely not something that we could consider secure. It is far, far shy of state-of-the-art, the kind of state-of-the-art crypto that we're used to having in everything else we do.

LEO: You might have had a hint of that when they gave President Obama a special NSA-encrypted phone to use, that maybe perhaps the government knew there was, you know, some issue.

STEVE: Yeah. And, well, they knew it because they have a closet full of equipment which is listening in on everyone's cellphone conversations.

LEO: Right. They can crack it, so we might assume the other guys can, too.

STEVE: And it's worth mentioning, too, that all of this is only the in-the-air cipher. That is, if our government wanted to listen in on our phone calls - I guess we know that after 9/11 that was being done - it's much easier to just wait until the cell tower has performed all of the decryption and turned this back into analog signals and pick it up there. I mean, you could certainly do that.

The problem, of course, is, as with everything, we've talked about this in the context of WiFi many times, wireless is tempting because this stuff is in the air. And so there are, like I said, you park a van across the street from your competitor's office and suck in all of the cellphone conversations going on and see what you can glean. Who knows what you'll overhear? It's just it's not the case that it's as insecure as analog. But you absolutely should never depend upon its security, I mean, in any place where you've got super high valuable conversation and there's some reason to believe somebody else might love to know what you're talking about.

LEO: Especially if you're sending your bank key over your SMS uplink.

STEVE: Yeah. And again, it's also worth mentioning that you could just use a big parabolic microphone, parabolic reflector and a microphone, and listen to somebody who's in visual range. You might not hear the other side of the conversation, but you would get theirs. So there are other sort of analog, real-world ways to do this.

LEO: Gosh, yes. And...

STEVE: But it's certainly the case...

LEO: ...I presume that we're moving to newer technologies anyway over time. And really mostly, I mean, look, you're not going to redesign GSM and retrofit all the towers and retrofit all the phones. That's not going to happen.

STEVE: That's the problem. Now, 3G is a stronger technology. But the problem is the phones are all able to fall back to the earlier technology, and that provides a backdoor for the encryption. What you'd really want to do is be able to tell your phone, for example, no longer allow any weak encryption.

LEO: Oh, that's good.

STEVE: Unfortunately, the phones are just open, and they're designed to roam and to work wherever they happen to find themselves.

LEO: When there's a secure phone, like the NSA-encrypted phone that the President uses, they probably use the same GSM or CDMA frequencies and channels and technologies, but they encrypt the data. They scramble it.

STEVE: Yes, exactly. They're running an encrypted tunnel inside of the regular carrier.

LEO: Got it.

STEVE: So if somebody decrypts that, all they're still going to get is highly encrypted...

LEO: Gibberish.

STEVE: ...really, really pseudorandom noise. Just gibberish, yes. And they'll have no way to go any further. They're blocked by the tunnel that is running inside of the GSM channel.

LEO: But of course as with VPN or a scrambler technology, both ends have to support it. And that's why it's not generally used.

STEVE: Well, not only do both ends have to support it, but again, once it comes out the other end, all of that encryption has been stripped off, and it's back to plaintext again.

LEO: Right, right.

STEVE: So part of the mitigating aspect of this is, okay, so what's someone really going to do who wants to know what you're talking about? Maybe they're just going to be in the booth next to you with their ear cocked with, exactly, just overhearing your conversation in the old analog world.

LEO: Just listen. Steve, great, really an interesting subject. Fascinating. And of course ties in, if some of this stuff like rainbow tables leaves you scratching your head, we've covered all of the fundamental technologies in previous episodes.

STEVE: Yup.

LEO: So you can go back, and I know that there are now 212 and this one, so 213 episodes. That's a lot of listening. But you can go back and look at rainbow tables. We talked about that. We talked about XORing in the past. We've talked about crypto in general. So you can really get a fundamental education on all this stuff from previous episodes.

STEVE: Well, and we do have the transcripts at GRC, and a search for the transcripts. So you could put in "rainbow tables" or "XOR" into the search...

LEO: Exactly.

STEVE: ...and quickly find those instances where we've talked about this stuff before.

LEO: Steve, as always, a pleasure. You'll find the transcripts, the 16KB versions of the show, the show notes and more at Steve's site, GRC.com. That's also where you'll find SpinRite, the absolute must-have, there is but one, hard drive maintenance utility, the one to get. And, by the way, recovery, too, as kind of a side effect of it. It does a great job. And all of his freebies, lots of security information and lots of programs like ShieldsUP! and Shoot The Messenger, DCOMbobulator and Wizmo, it's all at GRC, Gibson Research Corp., GRC.com.

And we'll be back - normally we record on Wednesdays. So if you want to watch us live at live.TWiT.tv, tune in at 2:00 p.m. Eastern time, 11:00 a.m. Pacific time, Wednesdays, 1800 UTC. And you can watch the show then. And then of course we offer it the next day, on Thursdays, iTunes and Zune and other downloads, as a podcast. So anybody can get it who has podcatching implements, including Listen on the Android phone. You can find out more about that at TWiT.tv/sn. All the protocols are there. Steve, thank you so much.

STEVE: Next week we will do our 75th Q&A.

LEO: Wow.

STEVE: So anyone who has questions, please by all means go to GRC.com/feedback and tell me what's on your mind, what you want to hear about, topics, suggestions, questions, and things that I've skipped over or forgot to mention, so forth. And we'll deal with them next week.

LEO: And this just in, Windows 7 updates were just pushed out, and one of our chatters is downloading them now. So that answers the question. Second Tuesdays for everybody now.

STEVE: Thought that was the case. And we will talk next week about what happened in the world of Microsoft updates. I want to find out what that TCP/IP flaw is. That sounds like a bad one. So we'll have the news of that next week.

LEO: Thank you, Steve. Thank you all for joining us.

STEVE: Thanks, Leo.

LEO: We'll see you next time on Security Now!.

Copyright (c) 2009 by Steve Gibson and Leo Laporte. SOME RIGHTS RESERVED. This work is licensed for the good of the Internet Community under the Creative Commons License v2.5. See the following Web page for details: http://creativecommons.org/licenses/by-nc-sa/2.5/.

water drainage and urban planing...

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http://haber.gazetevatan.com/haberdetay.asp?detay=Islanmadilar_bile&tarih=10.09.2009&Newsid=258553&Categoryid=4&wid=2

Vatan

Güngör Mengi

Başımıza gelen bir doğa olayıdır. Onu felâket haline yine biz getirdik!

Yıllardır ektiğimiz sorumsuzlukların şimdi ürününü biçiyoruz.

Türkiye’nin en büyük ve en zengin kenti sele 31 kurban verdi.

Ama bu utancın bedelini ödemek durumundaki sorumlular, ölümlerin yarattığı kahrolma duygusunu pişkinlikleri ile daha dayanılmaz hale sokuyorlar.

Baksanıza selin ortasında ıslanmadılar bile!

Eskiden “Takdir-i İlâhi” derlerdi. Herhalde Ramazan hürmetine, o alışkanlığı sürdüren olmamış.

Ulaştırma Bakanı, Çevre Bakanı ve Belediye Başkanı küresel iklim değişikliğinin yol açtığı istikrarsızlık nedeniyle doğayı ve dere yataklarına kaçak ev ve iş yeri yapan vatandaşları suçladılar.

Hemen hepsi suyun doğal akış yollarının kaçak yapılarla dolmasından ileri gelen sel felâketiyle ilk kez karşılaşmış ve sebebini de bugün keşfetmiş gibi demeçler verdiler uyarılar yaptılar.

AKP yedi yıldır iktidarda. Tayyip Erdoğan İstanbul’a 15 yıl önce belediye başkanı oldu.

İstanbul’daki sevaplarda ne kadar hak sahibi iseler günahlardan da aynı ölçüde sorumludurlar.

Dün gelmişler gibi...

Oysa dünkü elem verici manzara karşısındaki tutumlarına bakan yabancı bir gözlemci, bu siyasetçilerin kötü bir mirası henüz birkaç ay önce devralmış insanlar olduğunu düşünebilirdi.

Onları mağdur sayabilirdi.

Halbuki suçludurlar.

Bu afetin provasını İstanbul 14 yıl önce yaşamıştı. Biz Sabah Gazetesi’nin İkitelli’deki tesislerinde sele teslim olmuştuk.

Aynı sebepten kaynaklanan sorun tekrarlanmışsa bahane üretmek pişkinliktir.

Belediye Başkanı Topbaş “Bugüne kadar olan bütün yönetimlerin hataları var. Daha dikkatli olmalıyız” diyordu dün.

Bunca insanın hayatına mal olan görev ihmalleri ve yasa ihlâlleri kibir kokan sözlerle takipsiz bırakılamaz.

Aynı şekilde Ulaştırma Bakanı Binali Yıldırım... O da “Alt yapıyı yapmadan üst yapıyı yapıyoruz. İşin sıralamasında yanlışlık var” dedi.

Bu tür felâketleri “her zaman” yaşamaya devam edeceğimizi söyledi.

“Geliyor olay, bir dalgalanıyor, geçiyor. Vatandaş bir yandan, kamu idarecileri bir yandan sanki kaldığımız yerden devam ediyoruz.”

Sele dayanıklı koltuklar

Sel bölgelerinin havadan çekilen fotoğrafları, doğal su yollarının cahilce bir açgözlülükle yağmalanıp yapılarla doldurulduğunu gözümüze sokuyor.

Bunun suçunu kimse vatandaşa atmasın. Hele onları her seçimde oy hesabı ile gecekondu yapmaya özendirenler hiç yapmasın bunu.

Efes antik kentini bir zahmet ziyaret edecek olurlarsa, İstanbul’da dün keşfettiklerini sandıkları hakikatin 2100 yıllık anıtlarını görebilirler.

Düzlükleri, su yollarını dokunulmaz sayan o uygarlığın mirasçısı olmayı hak etmek bile bizi kurtarabilirdi. Ve kamu kaynaklarını oy avcılığına değil alt yapıya yatırmayı öğrenirdik.

Sel felâketi, bilgi ve ilkeye dayanmayan zenginliğin ne kadar aldatıcı olduğunu öğretmiş olmalıdır herkese.

İstanbul’un hızla gelişip zenginleştiğini sandığımız bir bölgesini sular süpürüp götürdü. Sonuç olarak bu kıssadan ne hisse kaldı derseniz...

Çok güçlü bir iktidara sahip olduğumuzu bu sayede tekrar anlayacağız.

Bir istifa bile olmayacak.

Otuzdan çok insanı öldüren sel, bu iktidardan bir tuğla bile sökemeyecek; görün bakın!


-----------------------------------------
Note:
I lived in South Florida for 2 years and experienced 2 hurricanes
and many heavy rains. Only in one of the hurricanes the water level
reached 15cm. in some areas,(taking into consideration the deferent soil properties but pavements and roads do not absorb water hence water drainage and urban planing came to play and zoning laws)the roads where dry in less then 36 hours...

Mr. Mengi and other commentators are making this into a political issue but this is much more troubling because if a society can not function in normal weather conditions(nearly every season people are losing lives)and ignore the basic knowledge of nature and this is happening for the past 25 years.

We have to ask if this society is competent?

If it is, then why this chaos?

If no, then we have to teach the basics, in both cases we have to act.

Also this is the first time that some people have taken advantage of a bad situation and looted. Here the "privatized management" group the AKP can not ignore nor can the law turn a blind eye.

tkm

Of mites and men...

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European Digital Rights...

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Dear Readers,
I recently subscribed to EDRI-gram, I recommend WE(all internet users)should be more aware of our rights or our diminishing rights
under the pretense of a few bad apples(00.05 % of users)and most
of these fears are over blown.

We should be demanding mush better securities from our credit card
and banking service providers and companies large and small(this
includes the one person operators).

Let's not turn the internets into TV...

tkm
----------------------------------------
http://www.edri.org/about

..."European Digital Rights was founded in June 2002. Currently 28 privacy and civil rights organisations have EDRI membership. They are based or have offices in 17 different countries in Europe.

Members of European Digital Rights have joined forces to defend civil rights in the information society. The need for cooperation among organizations active in Europe is increasing as more regulation regarding the internet, copyright and privacy is originating from European institutions, or from International institutions with strong impact in Europe.

Some examples of regulations and developments that have the attention of European Digital Rights are data retention requirements, spam, telecommunications interception, copyright and fair use restrictions, the cyber-crime treaty, rating, filtering and blocking of internet content and notice-and-takedown procedures of websites.
European Digital Rights takes an active interest in developments regarding these subjects in all 45 member states of the Council of Europe.

Since January 2003, European Digital Rights produces EDRI-gram, a bi-weekly newsletter about digital civil rights in Europe."...

The bird...

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Google Sites(all) blocked to ALL Turkish internet users, reason, your guess is good as mine...

, , , ...

Dear Readers,
Tonight I was going to do some work on a privet site for my brother(a free service from Google), I logged in and bang, this was the screen I got:




This was not the first time such censorship screens have popped-up, in the past 18 months Telekomünikasyon Iletisim Baskanligi*(picture 2) has taken inspiration from North Korea, China, Iran and most Arab sheikdoms in creating a walled garden "cleaned" in images and WORDS(no dissenting words are tolerated(fully backed and supported - software and hardware - by the USA AND SOME E.U. states).

Yes you will hear double speak from these countries but it is double speak!

The T.I.B. site does not list the sites that are banned and or provide reasons for on-going disputes(YouTube 3 years and counting).



All logical arguments and legal ones will be filtered-out by people that are less educated and uncultured(this group has throughout history have a deep contempt for the competent)and are paid to stay that way.

I think that technology, created by a minority, has and will be mis-used by the majority.

A computer does not change the nature of Man

Of course something the laws do not provide for is compensation:

1. the lose of money
2. time
3. general aggravation

There is no ministry of injustice for Turkish citizens(we are born guilty, of what, we do not know).

I advice Turkish internet users to phone there ISP's and threaten to stop your subscription, this might force Turktelekom aka Oger telecom* to put some pressure on the AKP.

Today they came for me, tomorrow they will come for you.
tkm

Afterthought-1
There is a concerted effort to make a mockery of Turkish constitutional law by abusing any and every article(s), by people that have a deep animosity to a secular state these very people are pushing the limits, and in effect saying "look this is un-workable, lets scrap this and start anew".

Who will write a new constitution???
Of course the political party in power?

Creating a "moderate Islam", using a multi-tiered approach, based on religions and ethnicity.

These ideas are not new or workable for a modern state but it is very appealing to a new oligarchy.

Those petro-dollars buys a lot these days....
tkm

--------------------------------------------------------------
http://www.porttakal.com/haber-google-a-bir-yasak-daha-355892.html

Kaynak: Haber 3

Erisim engelleme kararlarindan simdi de google nasibini aldi.

"Denizli 2. Sulh Ceza Mahkemesi'nin 24/06/2009 tarih ve 2009/392 nolu KORUMA TEDBIRI kapsaminda bu internet sitesi (sites.google.com) hakkinda verdigi karar Telekominikasyon Iletisim Baskanligi'nca uygulanmaktadir."

Daha önce yapilan bir sikayet neticesinde erisime kapatilan google Groups, youtube, Blogger derken, artik erisimi en az bir kez engellenmeyen sitelerin sahiplerine kiz bile vermemeye baslarlarsa sasirmayin. Iste, bu engellemelerden simdi de google'in alt sayfasi "sites.google.com" nasibini aldi. Siteye giris yapmak isteyenler, karsilarinda yukarida gördügünüz mesaji buluyorlar.

Erisim engelleme kararinin nedeni henüz belli degil.

---------------------------------------------------------------
Text of the screen:

Denizli 2. Sulh Ceza Mahkemesi'nin, 24/06/2009 tarih ve 2009/392 nolu KORUMA TEDBIRI kapsaminda bu internet sitesi (sites.google.com) hakkinda verdigi karar Telekomünikasyon Iletisim Baskanligi'nca uygulanmaktadir.

(The decision no 2009/392 dated 24/06/2009, which is given about this web site (sites.google.com) within the context of protection measure, of Denizli 2. Sulh Ceza Mahkemesi has been implemented by "Telekomünikasyon Iletisim Baskanligi".)
http://www.tib.gov.tr | http://www.ihbarweb.org.tr
--------------------------------------------------------------------------------------------
*
Telekomünikasyon Iletisim Baskanligi, 23 Temmuz 2006 tarihinden itibaren ilgili mevzuatin öngördügü sekilde telekomünikasyon yoluyla yapilan iletisimin tespit edilmesi, dinlenmesi, sinyal bilgilerinin degerlendirilmesi ve kayda alinmasi islemlerini tek merkezden yürütmeye baslamistir.
---------------------------------------------------------------------------------------
**
http://www.ogertelecom.com/Subsidiaries.html



ThoughtGram(02)

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Fraud is: "I create trust in you, and then I betray that trust, and get you to give me something of value."

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http://www.pbs.org/moyers/journal/04032009/transcript1.html

BILL MOYERS JOURNAL on Public Broadcasting Service (PBS) TV
Transcript of the show:

April 3, 2009

BILL MOYERS: Welcome to the Journal.

For months now, revelations of the wholesale greed and blatant transgressions of Wall Street have reminded us that "The Best Way to Rob a Bank Is to Own One." In fact, the man you're about to meet wrote a book with just that title. It was based upon his experience as a tough regulator during one of the darkest chapters in our financial history: the savings and loan scandal in the late 1980s.

WILLIAM K. BLACK: These numbers as large as they are, vastly understate the problem of fraud.

BILL MOYERS: Bill Black was in New York this week for a conference at the John Jay College of Criminal Justice where scholars and journalists gathered to ask the question, "How do they get away with it?" Well, no one has asked that question more often than Bill Black.

The former Director of the Institute for Fraud Prevention now teaches Economics and Law at the University of Missouri, Kansas City. During the savings and loan crisis, it was Black who accused then-house speaker Jim Wright and five US Senators, including John Glenn and John McCain, of doing favors for the S&L's in exchange for contributions and other perks. The senators got off with a slap on the wrist, but so enraged was one of those bankers, Charles Keating — after whom the senate's so-called "Keating Five" were named — he sent a memo that read, in part, "get Black — kill him dead." Metaphorically, of course. Of course.

Now Black is focused on an even greater scandal, and he spares no one — not even the President he worked hard to elect, Barack Obama. But his main targets are the Wall Street barons, heirs of an earlier generation whose scandalous rip-offs of wealth back in the 1930s earned them comparison to Al Capone and the mob, and the nickname "banksters."

Bill Black, welcome to the Journal.

WILLIAM K. BLACK: Thank you.

BILL MOYERS: I was taken with your candor at the conference here in New York to hear you say that this crisis we're going through, this economic and financial meltdown is driven by fraud. What's your definition of fraud?

WILLIAM K. BLACK: Fraud is deceit. And the essence of fraud is, "I create trust in you, and then I betray that trust, and get you to give me something of value." And as a result, there's no more effective acid against trust than fraud, especially fraud by top elites, and that's what we have.

BILL MOYERS: In your book, you make it clear that calculated dishonesty by people in charge is at the heart of most large corporate failures and scandals, including, of course, the S&L, but is that true? Is that what you're saying here, that it was in the boardrooms and the CEO offices where this fraud began?

WILLIAM K. BLACK: Absolutely.

BILL MOYERS: How did they do it? What do you mean?

WILLIAM K. BLACK: Well, the way that you do it is to make really bad loans, because they pay better. Then you grow extremely rapidly, in other words, you're a Ponzi-like scheme. And the third thing you do is we call it leverage. That just means borrowing a lot of money, and the combination creates a situation where you have guaranteed record profits in the early years. That makes you rich, through the bonuses that modern executive compensation has produced. It also makes it inevitable that there's going to be a disaster down the road.

BILL MOYERS: So you're suggesting, saying that CEOs of some of these banks and mortgage firms in order to increase their own personal income, deliberately set out to make bad loans?

WILLIAM K. BLACK: Yes.

BILL MOYERS: How do they get away with it? I mean, what about their own checks and balances in the company? What about their accounting divisions?

WILLIAM K. BLACK: All of those checks and balances report to the CEO, so if the CEO goes bad, all of the checks and balances are easily overcome. And the art form is not simply to defeat those internal controls, but to suborn them, to turn them into your greatest allies. And the bonus programs are exactly how you do that.

BILL MOYERS: If I wanted to go looking for the parties to this, with a good bird dog, where would you send me?

WILLIAM K. BLACK: Well, that's exactly what hasn't happened. We haven't looked, all right? The Bush Administration essentially got rid of regulation, so if nobody was looking, you were able to do this with impunity and that's exactly what happened. Where would you look? You'd look at the specialty lenders. The lenders that did almost all of their work in the sub-prime and what's called Alt-A, liars' loans.

BILL MOYERS: Yeah. Liars' loans--

WILLIAM K. BLACK: Liars' loans.

BILL MOYERS: Why did they call them liars' loans?

WILLIAM K. BLACK: Because they were liars' loans.

BILL MOYERS: And they knew it?

WILLIAM K. BLACK: They knew it. They knew that they were frauds.

WILLIAM K. BLACK: Liars' loans mean that we don't check. You tell us what your income is. You tell us what your job is. You tell us what your assets are, and we agree to believe you. We won't check on any of those things. And by the way, you get a better deal if you inflate your income and your job history and your assets.

BILL MOYERS: You think they really said that to borrowers?

WILLIAM K. BLACK: We know that they said that to borrowers. In fact, they were also called, in the trade, ninja loans.

BILL MOYERS: Ninja?

WILLIAM K. BLACK: Yeah, because no income verification, no job verification, no asset verification.

BILL MOYERS: You're talking about significant American companies.

WILLIAM K. BLACK: Huge! One company produced as many losses as the entire Savings and Loan debacle.

BILL MOYERS: Which company?

WILLIAM K. BLACK: IndyMac specialized in making liars' loans. In 2006 alone, it sold $80 billion dollars of liars' loans to other companies. $80 billion.

BILL MOYERS: And was this happening exclusively in this sub-prime mortgage business?

WILLIAM K. BLACK: No, and that's a big part of the story as well. Even prime loans began to have non-verification. Even Ronald Reagan, you know, said, "Trust, but verify." They just gutted the verification process. We know that will produce enormous fraud, under economic theory, criminology theory, and two thousand years of life experience.

BILL MOYERS: Is it possible that these complex instruments were deliberately created so swindlers could exploit them?

WILLIAM K. BLACK: Oh, absolutely. This stuff, the exotic stuff that you're talking about was created out of things like liars' loans, that were known to be extraordinarily bad. And now it was getting triple-A ratings. Now a triple-A rating is supposed to mean there is zero credit risk. So you take something that not only has significant, it has crushing risk. That's why it's toxic. And you create this fiction that it has zero risk. That itself, of course, is a fraudulent exercise. And again, there was nobody looking, during the Bush years. So finally, only a year ago, we started to have a Congressional investigation of some of these rating agencies, and it's scandalous what came out. What we know now is that the rating agencies never looked at a single loan file. When they finally did look, after the markets had completely collapsed, they found, and I'm quoting Fitch, the smallest of the rating agencies, "the results were disconcerting, in that there was the appearance of fraud in nearly every file we examined."

BILL MOYERS: So if your assumption is correct, your evidence is sound, the bank, the lending company, created a fraud. And the ratings agency that is supposed to test the value of these assets knowingly entered into the fraud. Both parties are committing fraud by intention.

WILLIAM K. BLACK: Right, and the investment banker that — we call it pooling — puts together these bad mortgages, these liars' loans, and creates the toxic waste of these derivatives. All of them do that. And then they sell it to the world and the world just thinks because it has a triple-A rating it must actually be safe. Well, instead, there are 60 and 80 percent losses on these things, because of course they, in reality, are toxic waste.

BILL MOYERS: You're describing what Bernie Madoff did to a limited number of people. But you're saying it's systemic, a systemic Ponzi scheme.

WILLIAM K. BLACK: Oh, Bernie was a piker. He doesn't even get into the front ranks of a Ponzi scheme...

BILL MOYERS: But you're saying our system became a Ponzi scheme.

WILLIAM K. BLACK: Our system...

BILL MOYERS: Our financial system...

WILLIAM K. BLACK: Became a Ponzi scheme. Everybody was buying a pig in the poke. But they were buying a pig in the poke with a pretty pink ribbon, and the pink ribbon said, "Triple-A."

BILL MOYERS: Is there a law against liars' loans?

WILLIAM K. BLACK: Not directly, but there, of course, many laws against fraud, and liars' loans are fraudulent.

BILL MOYERS: Because...

WILLIAM K. BLACK: Because they're not going to be repaid and because they had false representations. They involve deceit, which is the essence of fraud.

BILL MOYERS: Why is it so hard to prosecute? Why hasn't anyone been brought to justice over this?

WILLIAM K. BLACK: Because they didn't even begin to investigate the major lenders until the market had actually collapsed, which is completely contrary to what we did successfully in the Savings and Loan crisis, right? Even while the institutions were reporting they were the most profitable savings and loan in America, we knew they were frauds. And we were moving to close them down. Here, the Justice Department, even though it very appropriately warned, in 2004, that there was an epidemic...

BILL MOYERS: Who did?

WILLIAM K. BLACK: The FBI publicly warned, in September 2004 that there was an epidemic of mortgage fraud, that if it was allowed to continue it would produce a crisis at least as large as the Savings and Loan debacle. And that they were going to make sure that they didn't let that happen. So what goes wrong? After 9/11, the attacks, the Justice Department transfers 500 white-collar specialists in the FBI to national terrorism. Well, we can all understand that. But then, the Bush administration refused to replace the missing 500 agents. So even today, again, as you say, this crisis is 1000 times worse, perhaps, certainly 100 times worse, than the Savings and Loan crisis. There are one-fifth as many FBI agents as worked the Savings and Loan crisis.

BILL MOYERS: You talk about the Bush administration. Of course, there's that famous photograph of some of the regulators in 2003, who come to a press conference with a chainsaw suggesting that they're going to slash, cut business loose from regulation, right?

WILLIAM K. BLACK: Well, they succeeded. And in that picture, by the way, the other — three of the other guys with pruning shears are the...

BILL MOYERS: That's right.

WILLIAM K. BLACK: They're the trade representatives. They're the lobbyists for the bankers. And everybody's grinning. The government's working together with the industry to destroy regulation. Well, we now know what happens when you destroy regulation. You get the biggest financial calamity of anybody under the age of 80.

BILL MOYERS: But I can point you to statements by Larry Summers, who was then Bill Clinton's Secretary of the Treasury, or the other Clinton Secretary of the Treasury, Rubin. I can point you to suspects in both parties, right?

WILLIAM K. BLACK: There were two really big things, under the Clinton administration. One, they got rid of the law that came out of the real-world disasters of the Great Depression. We learned a lot of things in the Great Depression. And one is we had to separate what's called commercial banking from investment banking. That's the Glass-Steagall law. But we thought we were much smarter, supposedly. So we got rid of that law, and that was bipartisan. And the other thing is we passed a law, because there was a very good regulator, Brooksley Born, that everybody should know about and probably doesn't. She tried to do the right thing to regulate one of these exotic derivatives that you're talking about. We call them C.D.F.S. And Summers, Rubin, and Phil Gramm came together to say not only will we block this particular regulation. We will pass a law that says you can't regulate. And it's this type of derivative that is most involved in the AIG scandal. AIG all by itself, cost the same as the entire Savings and Loan debacle.

BILL MOYERS: What did AIG contribute? What did they do wrong?

WILLIAM K. BLACK: They made bad loans. Their type of loan was to sell a guarantee, right? And they charged a lot of fees up front. So, they booked a lot of income. Paid enormous bonuses. The bonuses we're thinking about now, they're much smaller than these bonuses that were also the product of accounting fraud. And they got very, very rich. But, of course, then they had guaranteed this toxic waste. These liars' loans. Well, we've just gone through why those toxic waste, those liars' loans, are going to have enormous losses. And so, you have to pay the guarantee on those enormous losses. And you go bankrupt. Except that you don't in the modern world, because you've come to the United States, and the taxpayers play the fool. Under Secretary Geithner and under Secretary Paulson before him... we took $5 billion dollars, for example, in U.S. taxpayer money. And sent it to a huge Swiss Bank called UBS. At the same time that that bank was defrauding the taxpayers of America. And we were bringing a criminal case against them. We eventually get them to pay a $780 million fine, but wait, we gave them $5 billion. So, the taxpayers of America paid the fine of a Swiss Bank. And why are we bailing out somebody who that is defrauding us?

BILL MOYERS: And why...

WILLIAM K. BLACK: How mad is this?

BILL MOYERS: What is your explanation for why the bankers who created this mess are still calling the shots?

WILLIAM K. BLACK: Well, that, especially after what's just happened at G.M., that's... it's scandalous.

BILL MOYERS: Why are they firing the president of G.M. and not firing the head of all these banks that are involved?

WILLIAM K. BLACK: There are two reasons. One, they're much closer to the bankers. These are people from the banking industry. And they have a lot more sympathy. In fact, they're outright hostile to autoworkers, as you can see. They want to bash all of their contracts. But when they get to banking, they say, ‘contracts, sacred.' But the other element of your question is we don't want to change the bankers, because if we do, if we put honest people in, who didn't cause the problem, their first job would be to find the scope of the problem. And that would destroy the cover up.

BILL MOYERS: The cover up?

WILLIAM K. BLACK: Sure. The cover up.

BILL MOYERS: That's a serious charge.

WILLIAM K. BLACK: Of course.

BILL MOYERS: Who's covering up?

WILLIAM K. BLACK: Geithner is charging, is covering up. Just like Paulson did before him. Geithner is publicly saying that it's going to take $2 trillion — a trillion is a thousand billion — $2 trillion taxpayer dollars to deal with this problem. But they're allowing all the banks to report that they're not only solvent, but fully capitalized. Both statements can't be true. It can't be that they need $2 trillion, because they have masses losses, and that they're fine.

These are all people who have failed. Paulson failed, Geithner failed. They were all promoted because they failed, not because...

BILL MOYERS: What do you mean?

WILLIAM K. BLACK: Well, Geithner has, was one of our nation's top regulators, during the entire subprime scandal, that I just described. He took absolutely no effective action. He gave no warning. He did nothing in response to the FBI warning that there was an epidemic of fraud. All this pig in the poke stuff happened under him. So, in his phrase about legacy assets. Well he's a failed legacy regulator.

BILL MOYERS: But he denies that he was a regulator. Let me show you some of his testimony before Congress. Take a look at this.

TIMOTHY GEITHNER:I've never been a regulator, for better or worse. And I think you're right to say that we have to be very skeptical that regulation can solve all of these problems. We have parts of our system that are overwhelmed by regulation.

Overwhelmed by regulation! It wasn't the absence of regulation that was the problem, it was despite the presence of regulation you've got huge risks that build up.

WILLIAM K. BLACK: Well, he may be right that he never regulated, but his job was to regulate. That was his mission statement.

BILL MOYERS: As?

WILLIAM K. BLACK: As president of the Federal Reserve Bank of New York, which is responsible for regulating most of the largest bank holding companies in America. And he's completely wrong that we had too much regulation in some of these areas. I mean, he gives no details, obviously. But that's just plain wrong.

BILL MOYERS: How is this happening? I mean why is it happening?

WILLIAM K. BLACK: Until you get the facts, it's harder to blow all this up. And, of course, the entire strategy is to keep people from getting the facts.

BILL MOYERS: What facts?

WILLIAM K. BLACK: The facts about how bad the condition of the banks is. So, as long as I keep the old CEO who caused the problems, is he going to go vigorously around finding the problems? Finding the frauds?

BILL MOYERS: You--

WILLIAM K. BLACK: Taking away people's bonuses?

BILL MOYERS: To hear you say this is unusual because you supported Barack Obama, during the campaign. But you're seeming disillusioned now.

WILLIAM K. BLACK: Well, certainly in the financial sphere, I am. I think, first, the policies are substantively bad. Second, I think they completely lack integrity. Third, they violate the rule of law. This is being done just like Secretary Paulson did it. In violation of the law. We adopted a law after the Savings and Loan crisis, called the Prompt Corrective Action Law. And it requires them to close these institutions. And they're refusing to obey the law.

BILL MOYERS: In other words, they could have closed these banks without nationalizing them?

WILLIAM K. BLACK: Well, you do a receivership. No one -- Ronald Reagan did receiverships. Nobody called it nationalization.

BILL MOYERS: And that's a law?

WILLIAM K. BLACK: That's the law.

BILL MOYERS: So, Paulson could have done this? Geithner could do this?

WILLIAM K. BLACK: Not could. Was mandated--

BILL MOYERS: By the law.

WILLIAM K. BLACK: By the law.

BILL MOYERS: This law, you're talking about.

WILLIAM K. BLACK: Yes.

BILL MOYERS: What the reason they give for not doing it?

WILLIAM K. BLACK: They ignore it. And nobody calls them on it.

BILL MOYERS: Well, where's Congress? Where's the press? Where--

WILLIAM K. BLACK: Well, where's the Pecora investigation?

BILL MOYERS: The what?

WILLIAM K. BLACK: The Pecora investigation. The Great Depression, we said, "Hey, we have to learn the facts. What caused this disaster, so that we can take steps, like pass the Glass-Steagall law, that will prevent future disasters?" Where's our investigation?

What would happen if after a plane crashes, we said, "Oh, we don't want to look in the past. We want to be forward looking. Many people might have been, you know, we don't want to pass blame. No. We have a nonpartisan, skilled inquiry. We spend lots of money on, get really bright people. And we find out, to the best of our ability, what caused every single major plane crash in America. And because of that, aviation has an extraordinarily good safety record. We ought to follow the same policies in the financial sphere. We have to find out what caused the disasters, or we will keep reliving them. And here, we've got a double tragedy. It isn't just that we are failing to learn from the mistakes of the past. We're failing to learn from the successes of the past.

BILL MOYERS: What do you mean?

WILLIAM K. BLACK: In the Savings and Loan debacle, we developed excellent ways for dealing with the frauds, and for dealing with the failed institutions. And for 15 years after the Savings and Loan crisis, didn't matter which party was in power, the U.S. Treasury Secretary would fly over to Tokyo and tell the Japanese, "You ought to do things the way we did in the Savings and Loan crisis, because it worked really well. Instead you're covering up the bank losses, because you know, you say you need confidence. And so, we have to lie to the people to create confidence. And it doesn't work. You will cause your recession to continue and continue." And the Japanese call it the lost decade. That was the result. So, now we get in trouble, and what do we do? We adopt the Japanese approach of lying about the assets. And you know what? It's working just as well as it did in Japan.

BILL MOYERS: Yeah. Are you saying that Timothy Geithner, the Secretary of the Treasury, and others in the administration, with the banks, are engaged in a cover up to keep us from knowing what went wrong?

WILLIAM K. BLACK: Absolutely.

BILL MOYERS: You are.

WILLIAM K. BLACK: Absolutely, because they are scared to death. All right? They're scared to death of a collapse. They're afraid that if they admit the truth, that many of the large banks are insolvent. They think Americans are a bunch of cowards, and that we'll run screaming to the exits. And we won't rely on deposit insurance. And, by the way, you can rely on deposit insurance. And it's foolishness. All right? Now, it may be worse than that. You can impute more cynical motives. But I think they are sincerely just panicked about, "We just can't let the big banks fail." That's wrong.

BILL MOYERS: But what might happen, at this point, if in fact they keep from us the true health of the banks?

WILLIAM K. BLACK: Well, then the banks will, as they did in Japan, either stay enormously weak, or Treasury will be forced to increasingly absurd giveaways of taxpayer money. We've seen how horrific AIG -- and remember, they kept secrets from everyone.

BILL MOYERS: A.I.G. did?

WILLIAM K. BLACK: What we're doing with -- no, Treasury and both administrations. The Bush administration and now the Obama administration kept secret from us what was being done with AIG. AIG was being used secretly to bail out favored banks like UBS and like Goldman Sachs. Secretary Paulson's firm, that he had come from being CEO. It got the largest amount of money. $12.9 billion. And they didn't want us to know that. And it was only Congressional pressure, and not Congressional pressure, by the way, on Geithner, but Congressional pressure on AIG.

Where Congress said, "We will not give you a single penny more unless we know who received the money." And, you know, when he was Treasury Secretary, Paulson created a recommendation group to tell Treasury what they ought to do with AIG. And he put Goldman Sachs on it.

BILL MOYERS: Even though Goldman Sachs had a big vested stake.

WILLIAM K. BLACK: Massive stake. And even though he had just been CEO of Goldman Sachs before becoming Treasury Secretary. Now, in most stages in American history, that would be a scandal of such proportions that he wouldn't be allowed in civilized society.

BILL MOYERS: Yeah, like a conflict of interest, it seems.

WILLIAM K. BLACK: Massive conflict of interests.

BILL MOYERS: So, how did he get away with it?

WILLIAM K. BLACK: I don't know whether we've lost our capability of outrage. Or whether the cover up has been so successful that people just don't have the facts to react to it.

BILL MOYERS: Who's going to get the facts?

WILLIAM K. BLACK: We need some chairmen or chairwomen--

BILL MOYERS: In Congress.

WILLIAM K. BLACK: --in Congress, to hold the necessary hearings. And we can blast this out. But if you leave the failed CEOs in place, it isn't just that they're terrible business people, though they are. It isn't just that they lack integrity, though they do. Because they were engaged in these frauds. But they're not going to disclose the truth about the assets.

BILL MOYERS: And we have to know that, in order to know what?

WILLIAM K. BLACK: To know everything. To know who committed the frauds. Whose bonuses we should recover. How much the assets are worth. How much they should be sold for. Is the bank insolvent, such that we should resolve it in this way? It's the predicate, right? You need to know the facts to make intelligent decisions. And they're deliberately leaving in place the people that caused the problem, because they don't want the facts. And this is not new. The Reagan Administration's central priority, at all times, during the Savings and Loan crisis, was covering up the losses.

BILL MOYERS: So, you're saying that people in power, political power, and financial power, act in concert when their own behinds are in the ringer, right?

WILLIAM K. BLACK: That's right. And it's particularly a crisis that brings this out, because then the class of the banker says, "You've got to keep the information away from the public or everything will collapse. If they understand how bad it is, they'll run for the exits."

BILL MOYERS: Yeah, and this week in New York, at this conference, you described this as more than a financial crisis. You called it a moral crisis.

WILLIAM K. BLACK: Yes.

BILL MOYERS: Why?

WILLIAM K. BLACK: Because it is a fundamental lack of integrity. But also because, if you look back at crises, an economist who is also a presidential appointee, as a regulator in the Savings and Loan industry, right here in New York, Larry White, wrote a book about the Savings and Loan crisis. And he said, you know, one of the most interesting questions is why so few people engaged in fraud? Because objectively, you could have gotten away with it. But only about ten percent of the CEOs, engaged in fraud. So, 90 percent of them were restrained by ethics and integrity. So, far more than law or by F.B.I. agents, it's our integrity that often prevents the greatest abuses. And what we had in this crisis, instead of the Savings and Loan, is the most elite institutions in America engaging or facilitating fraud.

BILL MOYERS: This wound that you say has been inflicted on American life. The loss of worker's income. And security and pensions and future happened, because of the misconduct of a relatively few, very well-heeled people, in very well-decorated corporate suites, right?

WILLIAM K. BLACK: Right.

BILL MOYERS: It was relatively a handful of people.

WILLIAM K. BLACK: And their ideologies, which swept away regulation. So, in the example, regulation means that cheaters don't prosper. So, instead of being bad for capitalism, it's what saves capitalism. "Honest purveyors prosper" is what we want. And you need regulation and law enforcement to be able to do this. The tragedy of this crisis is it didn't need to happen at all.

BILL MOYERS: When you wake in the middle of the night, thinking about your work, what do you make of that? What do you tell yourself?

WILLIAM K. BLACK: There's a saying that we took great comfort in. It's actually by the Dutch, who were fighting this impossible war for independence against what was then the most powerful nation in the world, Spain. And their motto was, "It is not necessary to hope in order to persevere."

Now, going forward, get rid of the people that have caused the problems. That's a pretty straightforward thing, as well. Why would we keep CEOs and CFOs and other senior officers, that caused the problems? That's facially nuts. That's our current system.

So stop that current system. We're hiding the losses, instead of trying to find out the real losses. Stop that, because you need good information to make good decisions, right? Follow what works instead of what's failed. Start appointing people who have records of success, instead of records of failure. That would be another nice place to start. There are lots of things we can do. Even today, as late as it is. Even though they've had a terrible start to the administration. They could change, and they could change within weeks. And by the way, the folks who are the better regulators, they paid their taxes. So, you can get them through the vetting process a lot quicker.


BILL MOYERS: William Black, thank you very much for being with me on the Journal.

WILLIAM K. BLACK: Thank you so much.


"cloud computing"? What is it? and the end user rights....

, , , ...




Dear Readers,
You my have come across the topic of "cloud computing"
while reading or listening to the radio or TV. It is the new Internet
fad of the past few years, sometimes it is named as WEB 2.0...
I will not dwell on the technical side of this topic but the legal or
the lack of legal protection for the end user.

The following excerpted article and graphics(made by me) is to get
you the reader to understand "cloud computing".

This Opera blog service is a good example, others are photo sharing,
group working sites(Adobe, Google Docs, Microsoft s Live Office,
MySpace, Facebook..etc...etc.).

The end users of these services(free and paid subscription) have very,
little legal recourse if any.

Example:
I want to store my data in the cloud(online), I go to company X and
I subscribe to a storage service. I have uploaded my data to there servers.

Events that have happened many times:

1. Company X ' servers crash...

2. security is breached in Company X and all the data of the user has
been compremised...

3. The internet connection(s) run by a different company(s) goes down...

4. Company X goes out of business without warning.

There are many more scenarios that can happen, I will use the above four
as a starting point.

I and anyone else that uses such a service are assuming the laws of our "real world"(local and or national)are applied.

Company X is in YZX country it's servers are half around the world in
ZXZ country, the companies that operate the networks can be anywhere.
The end user(you and I)are in YXY country.

One or two of the four events happen and the end user goes to the local
law enforcement. In most cases the end user will have to wait for a very
long time, if ever to get the matter resolved.

If these services are to be taken seriously, there has to be safeguards for the end user!

As of now, none of the consumer level services provide:

A. full privacy.

B. data integrity.


The Industry has already taken steps to protect its interests.

So, when you post those pictures you took on your weekend,
ends up on your boss's desk and is used as a reason to terminate
your employment, do not say I did not warn you!

Get your government to apply your county's constitutional rights
and whatever consumer rights as a template.

Also we need an International law(s)for the end user.

In most cases the "real world" laws can be applied without dublicating for the internet(within the national bonderies).

tkm

P.S. There are many, many laws to fight terrorism and child
abuse, most of these laws go well beyond there intented use
and have crossed the boundaries to the abuse of personal
privacy(the E.U. is well in its way to being a police state).

**********************************
http://technology.findlaw.com/articles/01236/011252.html

..."FindLaw Legal Technology CenterArticles, White Papers

"The Cloud" Explained By Larry Port

In the technology world, "the cloud" is an apt name for a murky topic with a hazy definition. Originally a computer science term, technologists and non-technologists alike have used "cloud computing" loosely, casually, and confusingly. Even among software experts, the exact definition of the cloud varies considerably.

Despite this confusion, cloud computing ultimately has a simple purpose: it allows people to leverage the Internet for application use, data storage, and other tools. This capability is what most consumers think of when they use the word "cloud" and it permits us to come up with a reasonable definition: A collection of utilities built on Internet technologies for on-demand services.

In his book The Big Switch, technology writer Nicholas Carr views the cloud transformation similar to our embrace of electricity. He explains that the cloud is much like the power grid: Your computer is plugged into a socket by way of its Internet connection, and you can consume services as you need them. The effect of what the Internet has become (so much more than email and web surfing) is akin to when home and businesses were being wired for electricity in the early 1900's: All manner of distractions and additional labor is removed, and new possibilities are developing at a lightning rate.


When your data leaves your office and goes off into the Internet, it lives on a computer or group of computers. Your actual bits and bytes may be in Texas, along the Columbia River valley, or in some other location.

Your information lives on specialized servers typically stacked one on top of another in configurations called "racks." Racks are housed in buildings called "data centers" - remarkable feats of modern engineering with redundant power sources, backup generators, massive Internet connectivity pipes from multiple providers, and tight security surveillance."...

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